Date of Filing : 04/08/2017

Order No.  8  dt.  05/01/2018

       The case of the complainant in brief is that the complainant purchased a mattress on 1.9.16 at a price of Rs.9700/- with 3 years warranty. After 10-15 days from the date of purchase it was found that the mattress was not factory made, but it was handmade; though the complainant had given the measurement an order for a factory finished mattress. The complainant after coming to know of the said fact informed the o.p. but o.p. did not take any step for replacement of the said mattress. The complainant thereafter sent letter by regd. post intimating her grievance. Ultimately a salesman visited the complainant’s place and he agreed to replace the mattress with a new one, but there was no further response from the side of o.p. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.9700/- with interest as well as compensation and litigation cost.

            In spite of receipt of notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.

            The complainant in order to prove the case filed the documents including affidavit on evidence, tax invoice etc. wherefrom it is evident that the complainant purchased the mattress on 1.9.16 at a price of Rs.9700/- and within 10-15 days from the date of purchase the complainant noticed that the mattress was not factory made, but it was handmade. It appears from the evidence on record that the complainant on numerous occasions made contact with o.p. but o.p. did not pay any heed to the request of the complainant for replacement of the said mattress. On the basis of the said fact the complainant filed this case. Since the o.p. did not contest this case, therefore the evidence adduced by the complainant has remained unchallenged and we have nothing to disbelieve of the same. Accordingly, we hold that there is deficiency in service on the part of o.p. and as such, the complainant is entitled to get the relief as prayed for. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.247/2017 is allowed ex parte with cost against the o.p. The o.p. is directed to refund the amount of Rs.9700/- (Rupees nine thousand seven hundred) only to the complainant along with compensation of Rs.1000/- (Rupees one thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. If the amount is paid by the o.p. the complainant must return the mattress.    

            Supply certified copy of this order to the parties free of cost.